Legal Question in Landlord & Tenant Law in New York

illegal apartment

I have been living in an apartment with my twelve year old daughter which I was lead to believe was a legal apartment. I was going to be one week late with my rent this month (which only happened once before) and my landlord told me ''unacceptable''! He said he was going to use my security for this month and I would have to be out by Oct. 1. can he do this? also I found out this was not a legal apt. because the town received a complaint but since my landlord works for the town they keep making the complaints ''dissappear'' acording to my landlord. someone told me I should be entitled to all of my paid rent back minus utilities since I was told this was a legal apartment and it is not. what are my options here?


Asked on 9/07/07, 8:24 am

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

Re: illegal apartment

Your landlord cannot force you to leave the premises unless he gets a judgment of possession form the Housing Court. There are likely several things that you can probably do to make it more difficult for him to obtain such a judgment. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 9/07/07, 1:22 pm


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